Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 7070 Ì285794WÎ285794 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/09/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 3191 and 3192 4 insert: 5 Section 29. Section 944.805, Florida Statutes, is created 6 to read: 7 944.805 Nonviolent offender reentry program.— 8 (1) As used in this section, the term: 9 (a) “Department” means the Department of Corrections. 10 (b) “Nonviolent offender” means an offender whose primary 11 offense is a felony of the third degree, who is not the subject 12 of a domestic violence injunction currently in force, and who 13 has never been convicted of: 14 1. A forcible felony as defined in s. 776.08, Florida 15 Statutes; 16 2. An offense specified in s. 775.082(9)(a)1.r., Florida 17 Statutes, regardless of prior incarceration or release; 18 3. An offense described in chapter 847, Florida Statutes; 19 4. An offense under chapter 827, Florida Statutes; 20 5. Any offense specified in s. 784.07, s. 784.074, s. 21 784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085, 22 Florida Statutes; 23 6. Any offense involving the possession or use of a 24 firearm; 25 7. A capital felony or a felony of the first or second 26 degree; 27 8. Any offense that requires a person to register as a 28 sexual offender pursuant to s. 943.0435, Florida Statutes. 29 (2)(a) The department shall develop and administer a 30 reentry program for nonviolent offenders. The reentry program 31 must include prison-based substance abuse treatment, general 32 education development and adult basic education courses, 33 vocational training, training in decisionmaking and personal 34 development, and other rehabilitation programs. 35 (b) The reentry program is intended to divert nonviolent 36 offenders from long periods of incarceration when a reduced 37 period of incarceration supplemented by participation in 38 intensive substance abuse treatment and rehabilitative 39 programming could produce the same deterrent effect, protect the 40 public, rehabilitate the offender, and reduce recidivism. 41 (c) The nonviolent offender must serve at least 6 months in 42 the reentry program. The offender may not count any portion of 43 his or her sentence served before placement in the reentry 44 program as progress toward program completion. 45 (d) A reentry program may be operated in a secure area in 46 or adjacent to a correctional institution. 47 (3) The department shall screen offenders committed to the 48 department for eligibility to participate in the reentry program 49 using the criteria in this section. To be eligible, an offender 50 must be a nonviolent offender, must have served at least one 51 half of his or her original sentence, and must have been 52 identified as needing substance abuse treatment. 53 (4) In addition, the department must consider the following 54 factors when selecting participants for the reentry program: 55 (a) The offender’s history of disciplinary reports. 56 (b) The offender’s criminal history. 57 (c) The severity of the offender’s addiction. 58 (d) The offender’s history of criminal behavior related to 59 substance abuse. 60 (e) Whether the offender has participated or requested to 61 participate in any general educational development certificate 62 program or other educational, technical, work, vocational, or 63 self-rehabilitation program. 64 (f) The results of any risk assessment of the offender. 65 (g) The outcome of all past participation of the offender 66 in substance abuse treatment programs. 67 (h) The possible rehabilitative benefits that substance 68 abuse treatment, educational programming, vocational training, 69 and other rehabilitative programming might have on the offender. 70 (i) The likelihood that the offender’s participation in the 71 program will produce the same deterrent effect, protect the 72 public, save taxpayer dollars, and prevent or delay recidivism 73 to an equal or greater extent than completion of the sentence 74 previously imposed. 75 (5)(a) If an offender volunteers to participate in the 76 reentry program, meets the eligibility criteria, and is selected 77 by the department based on the considerations in subsection (4) 78 and if space is available in the reentry program, the department 79 may request the sentencing court to approve the offender’s 80 participation in the reentry program. The request must be made 81 in writing, must include a brief summation of the department’s 82 evaluation under subsection (4), and must identify the documents 83 or other information upon which the evaluation is based. The 84 request and all accompanying documents may be delivered to the 85 sentencing court electronically. 86 (b)1. The department shall notify the state attorney that 87 the offender is being considered for placement in the reentry 88 program. The notice must include a copy of all documents 89 provided with the request to the court. The notice and all 90 accompanying documents may be delivered to the state attorney 91 electronically and may take the form of a copy of an electronic 92 delivery made to the sentencing court. 93 2. The notice must also state that the state attorney may 94 notify the sentencing court in writing of any objection he or 95 she may have to placement of the nonviolent offender in the 96 reentry program. Such notification must be made within 15 days 97 after receipt of the notice by the state attorney from the 98 department. Regardless of whether an objection is raised, the 99 state attorney may provide the sentencing court with any 100 information supplemental or contrary to the information provided 101 by the department which may assist the court in its 102 determination. 103 (c) In determining whether to approve a nonviolent offender 104 for participation in the reentry program, the sentencing court 105 may consider any facts that the court considers relevant, 106 including, but not limited to, the criteria listed in subsection 107 (4); the original sentencing report and any evidence admitted in 108 a previous sentencing proceeding; the offender’s record of 109 arrests without conviction for crimes; any other evidence of 110 allegations of unlawful conduct or the use of violence by the 111 offender; the offender’s family ties, length of residence in the 112 community, employment history, and mental condition; the 113 likelihood that participation in the program will produce the 114 same deterrent effect, rehabilitate the offender, and prevent or 115 delay recidivism to an equal or greater extent than completion 116 of the sentence previously imposed; and the likelihood that the 117 offender will engage again in criminal conduct. 118 (d) The sentencing court shall notify the department in 119 writing of the court’s decision to approve or disapprove the 120 requested placement of the nonviolent offender no later than 30 121 days after the court receives the department’s request to place 122 the offender in the reentry program. If the court approves the 123 placement, the notification must list the factors upon which the 124 court relied in making its determination. 125 (6) After the nonviolent offender is admitted to the 126 reentry program, he or she shall undergo a complete substance 127 abuse assessment to determine his or her substance abuse 128 treatment needs. The offender shall also receive an educational 129 assessment, which must be accomplished using the Test of Adult 130 Basic Education or any other testing instrument approved by the 131 Department of Education. Each offender who has not obtained a 132 high school diploma shall be enrolled in an adult education 133 program designed to aid the offender in improving his or her 134 academic skills and earning a high school diploma. Additional 135 assessments of the offender’s vocational skills and future 136 career education shall be provided to the offender as needed. A 137 periodic reevaluation shall be made to assess the progress of 138 each offender. 139 (7)(a) If a nonviolent offender in the reentry program 140 becomes unmanageable, the department may revoke the offender’s 141 gain-time and place the offender in disciplinary confinement in 142 accordance with department rule. Except as provided in paragraph 143 (b), the offender shall be readmitted to the reentry program 144 after completing the ordered discipline. Any period during which 145 the offender cannot participate in the reentry program must be 146 excluded from the specified time requirements in the reentry 147 program. 148 (b) The department may terminate an offender from the 149 reentry program if: 150 1. The offender commits or threatens to commit a violent 151 act; 152 2. The department determines that the offender cannot 153 participate in the reentry program because of the offender’s 154 medical condition; 155 3. The offender’s sentence is modified or expires; 156 4. The department reassigns the offender’s classification 157 status; or 158 5. The department determines that removing the offender 159 from the reentry program is in the best interest of the offender 160 or the security of the reentry program facility. 161 (8)(a) The department shall submit a report to the 162 sentencing court at least 30 days before the nonviolent offender 163 is scheduled to complete the reentry program. The report must 164 describe the offender’s performance in the reentry program and 165 certify whether the performance is satisfactory. The court may 166 schedule a hearing to consider any modification to the imposed 167 sentence. Notwithstanding the eligibility criteria contained in 168 s. 948.20, if the offender’s performance is satisfactory to the 169 department and the court, the court shall issue an order 170 modifying the sentence imposed and placing the offender on drug 171 offender probation, as described in s. 948.20(2), subject to the 172 department’s certification of the offender’s successful 173 completion of the remainder of the reentry program. The term of 174 drug offender probation must not be less than the remaining time 175 the offender would have served in prison had he or she not 176 participated in the program. A condition of drug offender 177 probation may include electronic monitoring or placement in a 178 community residential or nonresidential licensed substance abuse 179 treatment facility under the jurisdiction of the department or 180 the Department of Children and Families or any public or private 181 entity providing such services. The order must include findings 182 that the offender’s performance is satisfactory, that the 183 requirements for resentencing under this section are satisfied, 184 and that public safety will not be compromised. If the 185 nonviolent offender violates the conditions of drug offender 186 probation, the court may revoke probation and impose any 187 sentence that it might have originally imposed. An offender may 188 not be released from the custody of the department under this 189 section except pursuant to a judicial order modifying his or her 190 sentence. 191 (b) If an offender released pursuant to paragraph (a) 192 intends to reside in a county that has established a 193 postadjudicatory drug court program as described in s. 397.334, 194 the sentencing court may require the offender to successfully 195 complete the postadjudicatory drug court program as a condition 196 of drug offender probation. The original sentencing court shall 197 relinquish jurisdiction of the offender’s case to the 198 postadjudicatory drug court program until the offender is no 199 longer active in the program, the case is returned to the 200 sentencing court due to the offender’s termination from the 201 program for failure to comply with the terms of the program, or 202 the offender’s sentence is completed. An offender who is 203 transferred to a postadjudicatory drug court program shall 204 comply with all conditions and orders of the program. 205 (9) The department shall implement the reentry program to 206 the fullest extent feasible within available resources. 207 (10) The department may enter into performance-based 208 contracts with qualified individuals, agencies, or corporations 209 for the provision of any or all of the services for the reentry 210 program. However, an offender may not be released from the 211 custody of the department under this section except pursuant to 212 a judicial order modifying a sentence. 213 (11) A nonviolent offender in the reentry program is 214 subject to rules of conduct established by the department and 215 may have sanctions imposed, including loss of privileges, 216 restrictions, disciplinary confinement, alteration of release 217 plans, or other program modifications in keeping with the nature 218 and gravity of the program violation. Administrative or 219 protective confinement, as necessary, may be imposed. 220 (12) This section does not create or confer any right to 221 any offender to placement in the reentry program or any right to 222 placement or early release under supervision of any type. An 223 inmate does not have a cause of action under this section 224 against the department, a court, or the state attorney related 225 to the reentry program. 226 (13) The department may establish a system of incentives 227 within the reentry program which the department may use to 228 promote participation in rehabilitative programs and the orderly 229 operation of institutions and facilities. 230 (14) The department shall develop a system for tracking 231 recidivism, including, but not limited to, rearrests and 232 recommitment of nonviolent offenders who successfully complete 233 the reentry program, and shall report the recidivism rate in the 234 annual report required under this section. 235 (15) The department shall submit an annual report to the 236 Governor, the President of the Senate, and the Speaker of the 237 House of Representatives detailing the extent of implementation 238 of the reentry program and the number of participants who are 239 selected by the department, the number of participants who are 240 approved by the court, and the number of participants who 241 successfully complete the program. The report must include a 242 reasonable estimate or description of the additional public 243 costs incurred and any public funds saved with respect to each 244 participant, a brief description of each sentence modification, 245 and a brief description of the subsequent criminal history, if 246 any, of each participant following any modification of sentence 247 under this section. The report must also include future goals 248 and any recommendations that the department has for future 249 legislative action. 250 (16) The department shall adopt rules as necessary to 251 administer the reentry program. 252 (17) Nothing in this section is severable from the 253 remaining provisions of this section. If any subsection of this 254 section is determined by any state or federal court to be not 255 fully enforceable, this section shall stand repealed in its 256 entirety. 257 258 ================= T I T L E A M E N D M E N T ================ 259 And the title is amended as follows: 260 Delete line 161 261 and insert: 262 the Legislature; creating s. 944.805, F.S.; defining 263 the terms “department” and “nonviolent offender”; 264 requiring the Department of Corrections to develop and 265 administer a reentry program for nonviolent offenders 266 which is intended to divert nonviolent offenders from 267 long periods of incarceration; requiring that the 268 program include intensive substance abuse treatment 269 and rehabilitative programming; providing for the 270 minimum length of service in the program; providing 271 that any portion of a sentence before placement in the 272 program does not count as progress toward program 273 completion; identifying permissible locations for the 274 operation of a reentry program; specifying eligibility 275 criteria for a nonviolent offender’s participation in 276 the reentry program; requiring the department to 277 screen and select eligible offenders for the program 278 based on specified considerations; requiring the 279 department to notify the nonviolent offender’s 280 sentencing court to obtain approval before the 281 nonviolent offender is placed in the reentry program; 282 requiring the department to notify the state attorney; 283 authorizing the state attorney to file objections to 284 placing the offender in the reentry program within a 285 specified period; authorizing the sentencing court to 286 consider certain factors when deciding whether to 287 approve an offender for placement in a reentry 288 program; requiring the sentencing court to notify the 289 department of the court’s decision to approve or 290 disapprove the requested placement within a specified 291 period; requiring the nonviolent offender to undergo 292 an educational assessment and a complete substance 293 abuse assessment if admitted into the reentry program; 294 requiring the offender to be enrolled in an adult 295 education program in specified circumstances; 296 requiring that assessments of vocational skills and 297 future career education be provided to the offender; 298 requiring that certain reevaluation be made 299 periodically; providing that the nonviolent offender 300 is subject to the disciplinary rules of the 301 department; specifying the reasons for which the 302 offender may be terminated from the reentry program; 303 requiring that the department submit a report to the 304 sentencing court at least 30 days before the 305 nonviolent offender is scheduled to complete the 306 reentry program; specifying the issues to be addressed 307 in the report; authorizing a court to schedule a 308 hearing to consider any modification to an imposed 309 sentence; requiring the sentencing court to issue an 310 order modifying the sentence imposed and placing the 311 nonviolent offender on drug offender probation if the 312 nonviolent offender’s performance is satisfactory; 313 authorizing the court to revoke probation and impose 314 the original sentence in specified circumstances; 315 authorizing the court to require the offender to 316 complete a postadjudicatory drug court program in 317 specified circumstances; directing the department to 318 implement the reentry program using available 319 resources; authorizing the department to enter into 320 contracts with qualified individuals, agencies, or 321 corporations for services for the reentry program; 322 requiring offenders to abide by department conduct 323 rules; authorizing the department to impose 324 administrative or protective confinement as necessary; 325 providing that the section does not create a right to 326 placement in the reentry program or any right to 327 placement or early release under supervision of any 328 type; providing that the section does not create a 329 cause of action related to the program; authorizing 330 the department to establish a system of incentives 331 within the reentry program which the department may 332 use to promote participation in rehabilitative 333 programs and the orderly operation of institutions and 334 facilities; requiring the department to develop a 335 system for tracking recidivism, including, but not 336 limited to, rearrests and recommitment of nonviolent 337 offenders who successfully complete the reentry 338 program, and to report on recidivism in an annual 339 report; requiring the department to submit an annual 340 report to the Governor and Legislature detailing the 341 extent of implementation of the reentry program, 342 specifying requirements for the report; requiring the 343 department to adopt rules; providing that specified 344 provisions are not severable; amending ss. 39.407, 345 394.4612,